Fourth supplementary emergency proclamation covering Kilauea eruption

WHEREAS, Chapter 127A Hawai‘i Revised Statutes, provides for the establishment of County organizations for emergency management and disaster relief with the Mayor having direct responsibility and authority over emergency management within the County.

WHEREAS, Chapter 127A Hawai‘i Revised Statutes and Chapter 7, Articles 1 and 2 of the Hawai‘i County Code, establishes a Civil Defense Agency within the County of Hawai‘i and prescribes its powers, duties, and responsibilities, and Section 13-23 of the Hawai‘i County Charter empowers the Mayor of the County to declare emergencies; and

WHEREAS, on May 3, 2018, the Mayor of the County of Hawai‘i and the Governor of the State of Hawai‘i issued respective Emergency Proclamations declaring states of emergency due to active lava erupting along the East Rift Zone in Lower Puna, County and State of Hawai‘i; and

WHEREAS, on May 9, 2018, the Governor of the State of Hawai‘i issued a Supplementary Proclamation expanding the scope and application of his Proclamation in order to provide further emergency disaster relief by suspending additional sections of the Hawai‘i Revised Statutes; and

WHEREAS, on May 22, 2018, the Mayor of the County of Hawai‘i issued a Supplementary Emergency Proclamation suspending Hawai‘i County Code, Chapter 19, Section 19-47, related to real property tax assessments to those parcels that suffered uninhabitability or isolation due to this eruptive event in those areas described as Leilani Estates, Lanipuna Gardens, Pohoiki Bay Estates and Kapoho Estates; and

WHEREAS, on May 30, 2018, the Mayor of the County of Hawai‘i issued a Second Supplementary Emergency Proclamation suspending several County Code provisions related to the preparation, set-up, construction, or installation of temporary emergency shelters for residents displaced or voluntarily evacuated due to the active lava eruption; and

WHEREAS, on May 30, 2018, the Mayor of the County of Hawai‘i issued Mayor’s Emergency Rule #1 restricting access to the area containing Kapoho Beach Lots, Vacationland and Kapoho Farm Lots; and

WHEREAS, on May 31, 2018, the Mayor of the County of Hawai‘i issued a Mandatory Evacuation Order for identified areas within the Leilani Estates subdivision; and

WHEREAS, the United States Geological Survey (USGS) Hawai‘i Volcano Observatory (HVO), cannot project an end date to this eruptive event and has noted that previous eruptive events in the area have continued eruptive activity after lengthy periods of lull; and

WHEREAS, on August 28, 2018, the United States Geological Survey (USGS) Hawai‘i Volcano Observatory (HVO) reported, ” Seismicity remains low and ground deformation is negligible at the summit of Kīlauea Volcano. Earthquakes, probably aftershocks of the magnitude-6.9 earthquake in early May, continue on South Flank faults. On the volcano’s lower East Rift Zone (LERZ), a small lava pond was visible deep within the fissure 8 cone on Saturday morning (8/25) but lava was no longer visible in the cone yesterday morning or during UAS flights later in the day. A single small lava dribble was oozing lava into the ocean from the Kapoho Bay lobe and a sand bar still blocks the Pohoiki boat ramp from an HVO overflight yesterday morning (8/27)”; and

WHEREAS, the United States Geological Survey (USGS) Hawai‘i Volcano Observatory (HVO) has stated that there are many hazards when traversing on lava fields and that injuries while doing so is common; and

WHEREAS, Chapter 127A-12(c)(12) Hawaiʻi Revised Statutes, provides that the Mayor may restrict the congregation of the public in stricken or dangerous areas or under dangerous conditions; and

WHEREAS, I find that the lava field created by the present eruptive event of May 3, 2018 and further depicted in Exhibit “A”, is a dangerous area and condition and therefore, the public should not be traversing it.

NOW, THEREFORE, I, Harry Kim, Mayor of the County of Hawai‘i, do hereby proclaim and declare that a state of emergency due to this eruptive event continues to exist and continues to pose threat of imminent disaster on the Hawai‘i Island and that all provisions of my prior Proclamations shall remain in full force and effect, effective 10:00am., August 31, 2018, and continuing thereon for 60 days or until further act by this office.

I FURTHER DECLARE that pursuant to Chapter 127A-12(c)(12) Hawaiʻi Revised Statutes, the lava field created by the May 3, 2018 eruptive event including a fifty (50) yard safety buffer and further depicted as Exhibit “A” is a dangerous area and condition, therefore, the public is prohibited from entering or congregating there unless otherwise authorized by Hawaii Civil Defense Agency or unless authorized by Hawaii Civil Defense Agency.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawai‘i to be affixed. Done this 31st day of August in Hilo, Hawai‘i.